therwise Relieved in the Premises, as your Hon'r shall Judge meet.
And as In duty Bound the Complainant shall always--

[Footnote 2: 13 Geo. II. ch. 4.]

[Footnote 3: Complainant.]

JOHN FREEBODY for himself and Benja. Norton, Owners, and as Agent for
and in behalf of said master, Officers and Seamen belonging to the
Sloop _Revenge_.

1741 Nov'r 5th filed and Allow'd and Ordered that the Vessell and
Cargo be Arrested and Kept in the Marshalls Custody untill Security be
given to Abide the Event of the Case, and that the Aforesd Owners and
Master Be Cited to Answer this Libel on Monday next at three aClock
p.m.

ROB'T AUCHMUTY, Judge Ad'y.

_148. Deposition of Jeremiah Harriman. November 25, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

Jeremiah Hariman of Lawfull Age Testifyeth and saith that on or about
the latter end of June or the beginning of July last he sailed from
New York In a Privateer Sloop Called _The Revenge_ Commanded by Capt.
Norton on a Cruize Against the Spaniards and in the month of Sept'r
last in the Old Streights of Bahama[2] they saw a Sloop laying too
with a Jib Sheet to Windward And the Goose wing[3] of her mainsail
hauled up and her foresail hauled down, Upon which We gave her Chase
and upon Comeing within Gun shot of us she Hoisted a Spanish Flagg
upon her Topmast head and fired a shot which went thr'o the Rigging,
upon which we stood After her and upon Comeing within Muskett shot of
said sloop she fired at us again, upon which we hoisted An English
Pendant Upon the Topmast head and then we Engaged her, And in about
two hours and half we took her and found a Spanish Commission On
board her and then we took Out of the Spanish Privateer about fourteen
Spaniards and put them on board Our Sloop and put some of Our men
aboard The Spanish Sloop and then both Sloops gave Chase to the
Brigantine and In about three or four hours Our sloop came up with the
Briganteen and fired One or two Guns, upon which she brought too and
struck and then we took possession Of her, at which time this Depon't
was Credibly Informed as well by Capt. Smith as his men and all
Concern'd that she had been taken as a Prize by The Spaniards and Kept
in their Custody Eleven days before she was Retaken By them, Whereupon
the Quarter master and One hand more went on board the Said Briganteen
to take possession of her as a Retaken Vessell. Capt. Norton Then
Ordered Capt. Smith on board his Own